Executive Summary
Nebraska families often face unnecessary conflict if a valid will is missing. Without one, courts in Omaha and Lincoln will decide how assets are distributed and who will care for minor children. This often leads to inheritance disputes and custody battles that can divide families during an already painful time. Preparing a will ensures your inheritance rights are protected, helps prevent custody disputes and wills from becoming contested in court, and gives you peace of mind that your wishes will be honored.
The Importance of Inheritance Rights in Nebraska
Inheritance rights determine who is legally entitled to receive property, money, or other assets after someone passes away. In Omaha and Lincoln, these rights become complex if no will exists. Instead of honoring personal wishes, Nebraska intestate laws dictate who inherits, which may not align with the deceased’s intentions. This often sparks disagreements among family members, especially in blended families or when there are children from previous relationships.
A valid will ensures that inheritance rights are clear and enforceable. It acts as a roadmap for the court, family, and beneficiaries, eliminating ambiguity and protecting everyone involved.
How are Custody Disputes and Wills Intertwined?
Custody disputes and wills are closely connected. If parents with minor children pass away without designating guardianship in a valid will, the Omaha or Lincoln court must decide who will raise the children. While judges aim to act in the child’s best interests, relatives may disagree, and without clear instructions, custody disputes and wills can quickly become painful for families in Nebraska to deal with.
Naming a guardian in a will helps parents:
- Provide stability and continuity for their children.
- Ensure the guardian shares their values, parenting style, and priorities.
- Prevent family members from engaging in emotional legal battles.
A valid will in Omaha or Lincoln not only protects inheritance rights but also protects the well-being of children by making these critical decisions in advance.
How a Valid Will Prevents Nebraska Family Conflicts
A clear estate plan, anchored by a valid will, can prevent disputes before they start. Families in Nebraska often disagree when they believe assets were unfairly distributed, or when guardianship decisions are left open to interpretation. These disagreements can quickly escalate into costly, time-consuming litigation.
With a will in place, individuals can:
- Define exactly how property and assets should be distributed.
- Protect specific inheritance rights for children, spouses, or other beneficiaries.
- Name guardians for minor children to prevent custody disputes.
- Reduce the risk of family conflict and preserve relationships.
Common Situations Where a Valid Will Matters Most
Certain life situations make it even more critical to draft a valid will. In Omaha and Lincoln, disputes often arise in the following circumstances:
- Blended families: Children from previous marriages may compete for inheritance rights, creating conflict unless a valid will provides clarity.
- Unmarried partners: Without a valid will, a surviving partner may have no legal claim to assets, leading to disputes with family members.
- Business ownership: A family business can be divided or sold in ways that harm its long-term value without clear instructions in a valid will.
- Minor children: Custody disputes and wills intersect most when parents fail to designate guardianship, leaving the courts to decide.
In each of these scenarios, having a valid will ensures that inheritance rights are respected and children are protected.
Steps to Creating a Valid Will in Nebraska
Here are the key steps you should take to create a valid will in Omaha or Lincoln:
- Work with an experienced attorney: An experienced Omaha or Lincoln estate planning lawyer makes sure your will meets legal requirements and covers both inheritance rights and guardianship.
- Name beneficiaries: Clearly state who will receive your property, financial accounts, and personal items.
- Designate a guardian: If you have minor children, name a guardian to prevent potential conflict involving custody disputes and wills.
- Choose an executor: Select a trusted person to carry out your wishes, handle debts, and protect inheritance rights.
- Sign with witnesses: Nebraska requires you to sign your will in front of two witnesses who are not beneficiaries.
- Review and update: Revise your will after major life changes like marriage, divorce, or the birth of a child to keep it valid.
Taking these steps now gives you peace of mind that your family, property, and inheritance rights will be protected.
Protecting Your Family with the Help of a Nebraska Estate Planning Attorney
Custody disputes and wills should never be left to chance, and inheritance rights deserve the protection of a clear, legally enforceable plan. A valid will provides certainty and makes sure your wishes are respected, your assets are protected, and your children are cared for by the people you trust most.
At Nebraska Legal Group, we understand how important it is to protect your family’s future. Whether you live in Omaha or Lincoln, our Nebraska estate planning attorneys are here to guide you through the estate planning process with ease. Contact our team today to schedule a consultation.
Zachary Lutz-Priefert
Director of Estate and Business Planning at Nebraska Legal Group
Zach is a Nebraska-born attorney whose practice focuses on risk mitigation, estate planning, probate, and transactional law for individuals and businesses. With a background shaped by family-owned businesses, work at Nebraska’s Small Business Development Center, and recognition at Creighton University with the Order of the Barristers, he brings both practical and legal insight to his clients. Known for his family-first approach, Zach helps clients protect their legacies and prepare for future generations while building strong, lasting relationships.
Education: Creighton University School of Law
Years of Experience: 10+ years of high-level estate and business planning experience